Discipline Inspection Evidence Study On Transformation Of Criminal Evidence

Disciplinary inspection and supervision organ is one of anti-corruption institutions in China,and is in the core position of the anti-corruption system.Whether it is a disciplinary or illegal,it is necessary to evidence,evidence is the proof of all violations of the strong weapons.Disciplinary inspection and supervision evidence is a violation of evidence,criminal evidence is illegal evidence,respectively according to the disciplinary supervision organs and procuratorial organs of different functions to take different collection methods to gather evidence.Under the new situation in the current fight against corruption,with the continuous perfection and perfection of the cooperation mechanism between the disciplinary supervision organ and the procuratorial organ,the evidence is often handed over to the disciplinary inspection organ,the case material and evidence material transferred by the procuratorial organ to the judicial organ,the disciplinary inspection and supervision organ is almost to adopt the letter,there is no problem of transforming evidence.However,the disciplinary supervision organ handed over the case material and evidence material of procuratorial organ,but could not translate into criminal evidence smoothly,but after multiple identification and differentiation can be transformed.Over the past few years,experts and scholars have studied how disciplinary evidence is converted into criminal evidence,and ultimately no results.The reason why the evidence cannot be translated smoothly is that the law is more stringent on criminal evidence,and no authority can surpass the law.Because the disciplinary supervision organ is not the subject of forensic law,subject to laws and regulations,disciplinary evidence cannot be transformed into criminal evidence smoothly.This paper continues to discuss the problems arising in the transformation of evidence.The first part of this paper discusses the disciplinary inspection evidence.This section includes the concept,content and form of disciplinary inspection evidence.At the same time,the concept,content and form of criminal evidence,and the distinction between the disciplinary inspection and supervision evidence are discussed.The second part is the analysis of the necessity and feasibility of the individual to the disciplinary supervision evidence transforming criminal evidence.This part includes the important role of disciplinary inspection evidence in judicial activities,and the necessity of proving the evidence transforming criminal evidence through reverse thinking,and the reform pilot of supervision system in our country further promotes the process of discipline inspection and supervision evidence transforming criminal evidence.This is one of the focuses of this article.The third part analyzes the actuality and reason of the evidence of disciplinary inspection and supervision into criminal litigation.This part mainly proves the difficulty of the disciplinary inspection and supervision evidence transforming into criminal evidence,and the criminal evidence mainly in physical evidence and verbal evidence,appraisal conclusion to find the breakthrough.The fourth part mainly researches the countermeasures to the problems of the disciplinary inspection evidence transforming criminal evidence.The part mainly focuses on the measures necessary to supervise the transformation between evidence and criminal evidence.At the same time,the practice of Hong Kong and Macao can improve the inadequacy of domestic evidence capacity.